A01971 Summary:

BILL NOA01971
 
SAME ASSAME AS S00720
 
SPONSORSanders (MS)
 
COSPNSRGlick, Gottfried, DiNapoli, Grannis, Brennan, Clark, Arroyo, Eddington
 
MLTSPNSRAlfano, Aubry, Boyland, Cahill, Canestrari, Christensen, Cohen A, Cohen M, Cook, Cymbrowitz,Davis, Diaz, Dinowitz, Englebright, Espaillat, Eve, Farrell, Galef, Gianaris, Gordon, Green,Greene, Heastie, Hoyt, Jacobs, John, Lafayette, Lavelle, Lopez, Luster, Matusow, McEneny,McLaughlin, Millman, Morelle, Norman, Ortiz, Paulin, Perry, Pheffer, Pretlow, Ravitz,Rhodd-Cummings, Rivera P, Scarborough, Sidikman, Spano, Straniere, Stringer, Sullivan E, Sweeney,Thiele, Towns, Weinstein, Weisenberg, Weprin, Wright
 
Amd SS291, 292, 295, 296 & 296-a, Exec L; amd S40-c, Civ Rts L; amd S313, Ed L
 
Prohibits discrimination based on sexual orientation defined herein as heterosexuality, homosexuality, bisexuality or asexuality in employment, credit, public accommodations, education, etc.; preserves an exception for religious institutions or organizations based on religious principles.
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A01971 Floor Votes:

DATE:02/12/2001Assembly Vote  YEA/NAY: 113/33
Yes
Abbate
AB
Colman
Yes
Gantt
Yes
Lafayette
Yes
O'Connell
Yes
Stephens
ER
Acampora
Yes
Colton
Yes
Gianaris
Yes
Lavelle
Yes
Ortiz
Yes
Straniere
Yes
Alfano
Yes
Conte
Yes
Glick
Yes
Lentol
Yes
Ortloff
Yes
Stringer
Yes
Arroyo
Yes
Cook
Yes
Gordon
Yes
Levy
Yes
Parment
Yes
Sullivan EC
Yes
Aubry
No
Crouch
Yes
Gottfried
Yes
Little
Yes
Paulin
Yes
Sullivan F
Yes
Bacalles
Yes
Cymbrowitz
Yes
Grannis
Yes
Lopez
Yes
Perry
Yes
Sweeney
No
Barra
No
D'Andrea
Yes
Green
Yes
Luster
Yes
Pheffer
No
Tedisco
No
Barraga
Yes
Davis
Yes
Greene
No
Magee
Yes
Powell
Yes
Thiele
Yes
Boyland
Yes
DelMonte
Yes
Gromack
Yes
Magnarelli
No
Prentiss
No
Tocci
Yes
Boyle
Yes
Destito
Yes
Gunther
No
Manning
Yes
Pretlow
Yes
Tokasz
Yes
Bragman
Yes
Diaz
No
Hayes
Yes
Markey
Yes
Ravitz
Yes
Tonko
Yes
Brennan
Yes
DiNapoli
Yes
Heastie
Yes
Matusow
Yes
Rhodd Cummings
Yes
Towns
Yes
Brodsky
No
Dinga
No
Herbst
Yes
Mayersohn
Yes
Rivera J
No
Townsend
Yes
Brown
Yes
Dinowitz
Yes
Higgins
Yes
McEneny
Yes
Rivera PM
Yes
Vann
No
Burling
Yes
Eddington
No
Hikind
Yes
McLaughlin
No
Robach
No
Vitaliano
No
Butler
Yes
Englebright
Yes
Hooper
Yes
Miller
Yes
Sanders
No
Warner
Yes
Cahill
No
Errigo
Yes
Hoyt
Yes
Millman
Yes
Scarborough
Yes
Weinstein
No
Calhoun
Yes
Espaillat
Yes
Jacobs
Yes
Mills
Yes
Schimminger
Yes
Weisenberg
Yes
Canestrari
Yes
Eve
Yes
John
Yes
Morelle
Yes
Scozzafava
Yes
Weprin
Yes
Carrozza
Yes
Farrell
No
Kaufman
Yes
Murray
No
Seaman
No
Wertz
No
Casale
Yes
Faso
No
Kirwan
No
Nesbitt
Yes
Seddio
Yes
Winner
Yes
Christensen
Yes
Ferrara
Yes
Klein
ER
Nolan
No
Seminerio
No
Wirth
Yes
Clark
Yes
Finch
No
Kolb
Yes
Norman
Yes
Sidikman
Yes
Wright
Yes
Cohen A
Yes
Flanagan
Yes
Koon
ER
Nortz
Yes
Smith
No
Young
Yes
Cohen M
Yes
Galef
No
Labriola
No
Oaks
Yes
Spano
Yes
Mr. Speaker

‡ Indicates voting via videoconference
DATE:01/28/2002Assembly Vote  YEA/NAY: 113/27
Yes
Abbate
Yes
Colton
Yes
Glick
Yes
Lentol
Yes
Parment
Yes
Sullivan F
Yes
Acampora
Yes
Conte
Yes
Gordon
Yes
Levy
Yes
Paulin
Yes
Sweeney
Yes
Alfano
Yes
Cook
Yes
Gottfried
Yes
Little
Yes
Perry
No
Tedisco
Yes
Arroyo
No
Crouch
Yes
Grannis
Yes
Lopez
Yes
Pheffer
Yes
Thiele
Yes
Aubry
Yes
Cymbrowitz
Yes
Green
Yes
Luster
Yes
Powell
No
Tocci
Yes
Bacalles
Yes
Davis
Yes
Greene
AB
Magee
No
Prentiss
Yes
Tokasz
Yes
Barra
Yes
DelMonte
Yes
Gromack
Yes
Magnarelli
Yes
Pretlow
Yes
Tonko
No
Barraga
Yes
Destito
Yes
Gunther
Yes
Manning
Yes
Ravitz
Yes
Towns
Yes
Boyland
Yes
Diaz
No
Hayes
Yes
Markey
Yes
Rivera J
No
Townsend
Yes
Boyle
Yes
DiNapoli
Yes
Heastie
Yes
Matusow
Yes
Rivera PM
No
Warner
Yes
Brennan
No
Dinga
No
Herbst
Yes
Mayersohn
No
Robach
Yes
Weinstein
Yes
Brodsky
Yes
Dinowitz
Yes
Higgins
Yes
McEneny
Yes
Sanders
Yes
Weisenberg
ER
Brown
Yes
Eddington
AB
Hikind
Yes
McLaughlin
Yes
Scarborough
Yes
Weprin
No
Burling
Yes
Englebright
Yes
Hooper
Yes
Miller
Yes
Schimminger
No
Wertz
No
Butler
No
Errigo
Yes
Hoyt
Yes
Millman
Yes
Scozzafava
Yes
Winner
Yes
Cahill
Yes
Espaillat
Yes
Jacobs
Yes
Mills
No
Seaman
No
Wirth
No
Calhoun
Yes
Eve
Yes
John
Yes
Morelle
Yes
Seddio
Yes
Wright
Yes
Canestrari
Yes
Farrell
No
Kaufman
No
Nesbitt
No
Seminerio
Yes
Young
Yes
Carrozza
Yes
Faso
No
Kirwan
Yes
Nolan
Yes
Sidikman
Yes
Mr. Speaker
No
Casale
Yes
Ferrara
Yes
Klein
Yes
Norman
Yes
Smith
Yes
Christensen
No
Finch
No
Kolb
Yes
Nortz
Yes
Spano
Yes
Clark
Yes
Flanagan
Yes
Koon
No
Oaks
Yes
Stephens
Yes
Cohen A
Yes
Galef
No
Labriola
Yes
O'Connell
Yes
Straniere
Yes
Cohen M
Yes
Gantt
Yes
Lafayette
Yes
Ortiz
Yes
Stringer
AB
Colman
Yes
Gianaris
Yes
Lavelle
Yes
Ortloff
Yes
Sullivan EC

‡ Indicates voting via videoconference
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A01971 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1971
 
                               2001-2002 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2001
                                       ___________
 
        Introduced  by  M.  of  A. SANDERS, GLICK, GOTTFRIED, DiNAPOLI, GRANNIS,
          BRENNAN, CLARK, ARROYO, BRAGMAN -- Multi-Sponsored  by  --  M.  of  A.
          ALFANO,  AUBRY,  BOYLAND, CANESTRARI, CHRISTENSEN, A. COHEN, M. COHEN,
          COOK, DAVIS, DIAZ,  DINOWITZ,  ENGLEBRIGHT,  ERRIGO,  ESPAILLAT,  EVE,
          FARRELL,  GALEF,  GIANARIS,  GREEN, GREENE, HOYT, JACOBS, JOHN, LAFAY-

          ETTE, LAVELLE, LOPEZ, LUSTER, MATUSOW, McENENY,  McLAUGHLIN,  MILLMAN,
          MORELLE,  NORMAN,  ORTIZ,  PERRY, PHEFFER, PRETLOW, RAVITZ, RHODD-CUM-
          MINGS, P. RIVERA, SCARBOROUGH, SIDIKMAN, SPANO, STRINGER, E. C. SULLI-
          VAN, SWEENEY, TOWNS, VANN, WEINSTEIN, WEISENBERG,  WEPRIN,  WRIGHT  --
          read once and referred to the Committee on Governmental Operations
 
        AN  ACT  to amend the executive law, the civil rights law and the educa-
          tion law, in relation to prohibiting discrimination  based  on  sexual
          orientation
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings and intent. The legislature  reaffirms
     2  that  the state has the responsibility to act to assure that every indi-
     3  vidual within this state is afforded an equal  opportunity  to  enjoy  a

     4  full  and  productive  life,  and that the failure to provide such equal
     5  opportunity, whether because of discrimination,  prejudice,  intolerance
     6  or  inadequate  education,  training,  housing  or  health care not only
     7  threatens the rights and  proper  privileges  of  its  inhabitants,  but
     8  menaces  the  institutions and foundation of a free democratic state and
     9  threatens the peace, order, health, safety and general  welfare  of  the
    10  state and its inhabitants.
    11    The  legislature  further finds that many residents of this state have
    12  encountered prejudice on account of their sexual orientation,  and  that
    13  this  prejudice  has  severely  limited  or actually prevented access to
    14  employment, housing and other basic  necessities  of  life,  leading  to
    15  deprivation  and suffering. The legislature further recognizes that this

    16  prejudice has fostered a general  climate  of  hostility  and  distrust,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00799-01-1

        A. 1971                             2
 
     1  leading  in  some instances to physical violence against those perceived
     2  to be homosexual or bisexual.
     3    In so doing, the legislature makes clear its action is not intended to
     4  promote any particular attitude, course of conduct or way of life. Rath-
     5  er its purpose is to ensure that individuals who live in our free socie-
     6  ty have the capacity to make their own choices, follow their own beliefs
     7  and  conduct  their  own lives as they see fit, consistent with existing
     8  law.

     9    Nothing in this legislation should be construed to create, add,  alter
    10  or  abolish  any right to marry that may exist under the constitution of
    11  the United States, or this state and/or the laws of this state.
    12    § 2. Subdivisions 1 and 2 of section 291  of  the  executive  law,  as
    13  amended  by  chapter  803  of  the  laws of 1975, are amended to read as
    14  follows:
    15    1. The opportunity to obtain employment without discrimination because
    16  of age, race, creed, color, national origin, sexual orientation, sex  or
    17  marital status is hereby recognized as and declared to be a civil right.
    18    2.  The  opportunity  to obtain education, the use of places of public
    19  accommodation and the ownership, use and occupancy of  housing  accommo-
    20  dations  and  commercial  space  without  discrimination because of age,

    21  race, creed, color, national origin, sexual orientation, sex or  marital
    22  status,  as specified in section two hundred ninety-six of this article,
    23  is hereby recognized as and declared to be a civil right.
    24    § 3. Section 292 of the executive law  is  amended  by  adding  a  new
    25  subdivision 27 to read as follows:
    26    27.  The term "sexual orientation" means heterosexuality, homosexuali-
    27  ty, bisexuality or asexuality, whether  actual  or  perceived.  However,
    28  nothing contained herein shall be construed to protect conduct otherwise
    29  proscribed by law.
    30    §  4.  Subdivisions  8  and  9 of section 295 of the executive law, as
    31  amended by chapter 113 of the laws of  1978,  are  amended  to  read  as
    32  follows:
    33    8. To create such advisory councils, local, regional or state-wide, as

    34  in  its  judgment  will aid in effectuating the purposes of this article
    35  and of section eleven of article one of the constitution of this  state,
    36  and  the  division  may  empower them to study the problems of discrimi-
    37  nation in all or specific fields of human relationships or  in  specific
    38  instances of discrimination because of age, race, creed, color, national
    39  origin,  sexual  orientation, sex, disability or marital status and make
    40  recommendations to the division for  the  development  of  policies  and
    41  procedures  in  general and in specific instances. The advisory councils
    42  also shall disseminate information about the  division's  activities  to
    43  organizations  and  individuals in their localities. Such advisory coun-
    44  cils shall be composed of representative citizens, serving without  pay,
    45  but  with reimbursement for actual and necessary traveling expenses; and

    46  the division may make provision for technical and clerical assistance to
    47  such councils and for the expenses of such assistance.
    48    9. To develop human rights plans and policies for the state and assist
    49  in their execution and to make investigations and studies appropriate to
    50  effectuate this article and to issue such publications and such  results
    51  of  investigations  and research as in its judgement will tend to inform
    52  persons of the rights assured and remedies provided under this  article,
    53  to promote good-will and minimize or eliminate discrimination because of
    54  age, race, creed, color, national origin, sexual orientation, sex, disa-
    55  bility or marital status.

        A. 1971                             3
 
     1    §  5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296

     2  of the executive law, as amended by chapter 204 of the laws of 1996, are
     3  amended to read as follows:
     4    (a)  For  an  employer  or licensing agency, because of the age, race,
     5  creed, color, national  origin,  sexual  orientation,  sex,  disability,
     6  genetic predisposition or carrier status, or marital status of any indi-
     7  vidual,  to  refuse  to  hire  or  employ or to bar or to discharge from
     8  employment such individual or to discriminate against such individual in
     9  compensation or in terms, conditions or privileges of employment.
    10    (b) For an employment agency to discriminate  against  any  individual
    11  because of age, race, creed, color, national origin, sexual orientation,
    12  sex,  disability,  genetic  predisposition or carrier status, or marital
    13  status, in receiving, classifying, disposing or  otherwise  acting  upon

    14  applications for its services or in referring an applicant or applicants
    15  to an employer or employers.
    16    (c)  For a labor organization, because of the age, race, creed, color,
    17  national origin, sexual orientation, sex, disability, genetic  predispo-
    18  sition  or  carrier  status,  or  marital  status  of any individual, to
    19  exclude or to expel from its membership such individual or to  discrimi-
    20  nate  in  any  way against any of its members or against any employer or
    21  any individual employed by an employer.
    22    (d) For any employer or employment agency to  print  or  circulate  or
    23  cause to be printed or circulated any statement, advertisement or publi-
    24  cation,  or to use any form of application for employment or to make any
    25  inquiry in  connection  with  prospective  employment,  which  expresses
    26  directly  or indirectly, any limitation, specification or discrimination

    27  as to age, race, creed, color [or], national origin, sexual orientation,
    28  sex, disability, genetic predisposition or carrier  status,  or  marital
    29  status,  or  any  intent  to  make any such limitation, specification or
    30  discrimination, unless based upon a bona  fide  occupational  qualifica-
    31  tion;  provided,  however, that neither this paragraph nor any provision
    32  of this chapter or other law shall be construed to prohibit the  depart-
    33  ment  of  civil  service  or  the  department  of  personnel of any city
    34  containing more than one county from requesting information from  appli-
    35  cants  for  civil  service  examinations concerning any of the aforemen-
    36  tioned characteristics, other than sexual orientation, for  the  purpose
    37  of  conducting  studies  to  identify  and  resolve possible problems in

    38  recruitment and testing of members of  minority  groups  to  insure  the
    39  fairest  possible  and  equal  opportunities for employment in the civil
    40  service for all persons, regardless of age, race, creed, color, national
    41  origin, sexual orientation, sex, disability, genetic  predisposition  or
    42  carrier status, or marital status.
    43    §  6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
    44  the executive law, paragraphs (b) and (d) as amended by chapter  414  of
    45  the laws of 1984 and paragraph (c) as amended by chapter 166 of the laws
    46  of 2000, are amended to read as follows:
    47    (b)  To  deny  to  or withhold from any person because of race, creed,
    48  color, national origin, sexual orientation,  sex,  age,  disability,  or
    49  marital status, the right to be admitted to or participate in a guidance

    50  program,   an   apprenticeship  training  program,  on-the-job  training
    51  program, executive training program, or other occupational  training  or
    52  retraining program;
    53    (c)  To  discriminate against any person in his or her pursuit of such
    54  programs or to discriminate against such a person in the  terms,  condi-
    55  tions  or  privileges  of  such  programs because of race, creed, color,

        A. 1971                             4
 
     1  national origin, sexual orientation, sex,  age,  disability  or  marital
     2  status;
     3    (d)  To  print  or  circulate or cause to be printed or circulated any
     4  statement, advertisement or publication, or to use any form of  applica-
     5  tion  for  such  programs or to make any inquiry in connection with such
     6  program which expresses, directly or indirectly, any  limitation,  spec-

     7  ification  or  discrimination as to race, creed, color, national origin,
     8  sexual orientation, sex, age,  disability  or  marital  status,  or  any
     9  intention  to make any such limitation, specification or discrimination,
    10  unless based on a bona fide occupational qualification.
    11    § 7. Paragraph (a) of subdivision 2 of section 296  of  the  executive
    12  law,  as  amended by chapter 803 of the laws of 1975, is amended to read
    13  as follows:
    14    (a) It shall be an unlawful discriminatory practice  for  any  person,
    15  being  the  owner, lessee, proprietor, manager, superintendent, agent or
    16  employee of any place of  public  accommodation,  resort  or  amusement,
    17  because  of the race, creed, color, national origin, sexual orientation,
    18  sex, or disability or marital status of any person,  directly  or  indi-

    19  rectly,  to  refuse,  withhold  from  or  deny to such person any of the
    20  accommodations, advantages, facilities or privileges thereof,  including
    21  the  extension of credit, or, directly or indirectly, to publish, circu-
    22  late, issue, display, post or mail any written or printed communication,
    23  notice or advertisement, to the effect that any of  the  accommodations,
    24  advantages,  facilities  and  privileges  of  any  such  place  shall be
    25  refused, withheld from or denied to  any  person  on  account  of  race,
    26  creed, color, national origin, sexual orientation, sex, or disability or
    27  marital status, or that the patronage or custom thereat of any person of
    28  or  purporting  to  be  of  any  particular race, creed, color, national
    29  origin, sexual orientation, sex or marital status, or having a disabili-
    30  ty is unwelcome, objectionable or not acceptable, desired or solicited.

    31    § 8. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296  of
    32  the  executive  law,  paragraphs  (a) and (c) as amended by section 2 of
    33  part D of chapter 405 of the laws of 1999 and paragraph (b)  as  amended
    34  by chapter 166 of the laws of 2000, are amended to read as follows:
    35    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
    36  hold from any person or group of  persons  such  housing  accommodations
    37  because  of  the race, creed, color, disability, national origin, sexual
    38  orientation, age, sex, marital status, or familial status of such person
    39  or persons, or to represent that any housing accommodation  or  land  is
    40  not  available  for inspection, sale, rental or lease when in fact it is
    41  so available.
    42    (b) To discriminate against any person because of  his  or  her  race,

    43  creed, color, disability, national origin, sexual orientation, age, sex,
    44  marital  status,  or  familial status in the terms, conditions or privi-
    45  leges of any publicly-assisted housing accommodations or in the furnish-
    46  ing of facilities or services in connection therewith.
    47    (c) To cause to be made any written or oral inquiry or record concern-
    48  ing the race, creed, color, disability, national origin,  sexual  orien-
    49  tation, age, sex, marital status, or familial status of a person seeking
    50  to rent or lease any publicly-assisted housing accommodation.
    51    §  9.  Subdivision 3-b of section 296 of the executive law, as amended
    52  by chapter 166 of the laws of 2000, is amended to read as follows:
    53    3-b. It shall be an unlawful  discriminatory  practice  for  any  real
    54  estate  broker,  real estate salesperson or employee or agent thereof or

    55  any other individual, corporation, partnership or organization  for  the
    56  purpose of inducing a real estate transaction from which any such person

        A. 1971                             5
 
     1  or any of its stockholders or members may benefit financially, to repre-
     2  sent  that a change has occurred or will or may occur in the composition
     3  with respect to race, creed, color, national origin, sexual orientation,
     4  sex,  disability,  marital  status,  or familial status of the owners or
     5  occupants in the block, neighborhood or area in which the real  property
     6  is  located,  and to represent, directly or indirectly, that this change
     7  will or may result in undesirable consequences in the  block,  neighbor-
     8  hood  or  area  in which the real property is located, including but not
     9  limited to the lowering of property values, an increase in  criminal  or

    10  anti-social  behavior,  or  a decline in the quality of schools or other
    11  facilities.
    12    § 10. Subdivision 4 of section 296 of the executive law, as amended by
    13  chapter 730 of the laws of 1977, is amended to read as follows:
    14    4. It shall be an unlawful discriminatory practice  for  an  education
    15  corporation  or  association  which holds itself out to the public to be
    16  non-sectarian and exempt from taxation pursuant  to  the  provisions  of
    17  article four of the real property tax law to deny the use of its facili-
    18  ties  to  any  person otherwise qualified, by reason of his race, color,
    19  religion, disability, national origin, sexual orientation, age or  mari-
    20  tal status.
    21    § 11. Subdivision 5 of section 296 of the executive law, as amended by
    22  chapter  730  of  the laws of 1977, paragraphs (a) and (c) as amended by

    23  chapter 368 of the laws of 1991, subparagraph 1 and  the  closing  para-
    24  graph  of paragraph (a) as amended by section 4 of part D of chapter 405
    25  of the laws of 1999, paragraph (b) as amended by chapter 657 of the laws
    26  of 1983, subparagraphs 1 and 2 of paragraph (b) and  the  opening  para-
    27  graph  of  paragraph  (c) as amended by chapter 166 of the laws of 2000,
    28  subparagraphs 3 and 4 of paragraph (b) as amended by section 5 of part D
    29  of chapter 405 of the laws of 1999, subparagraph 3 of paragraph  (c)  as
    30  amended  by  section  6 of part D of chapter 405 of the laws of 1999 and
    31  paragraph (d) as amended by section 7 of part D of chapter  405  of  the
    32  laws of 1999, is amended to read as follows:
    33    5.  (a) It shall be an unlawful discriminatory practice for the owner,
    34  lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person

    35  having  the  right  to  sell,  rent  or  lease  a housing accommodation,
    36  constructed or to be constructed, or any agent or employee thereof:
    37    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    38  from any person or group of persons such a housing accommodation because
    39  of the race, creed, color, national  origin,  sexual  orientation,  sex,
    40  age,  disability,  marital  status, or familial status of such person or
    41  persons, or to represent that any housing accommodation or land  is  not
    42  available  for  inspection,  sale, rental or lease when in fact it is so
    43  available.
    44    (2) To discriminate against any person because of race, creed,  color,
    45  national  origin,  sexual  orientation,  sex,  age,  disability, marital
    46  status, or familial status in the terms, conditions or privileges of the

    47  sale, rental or lease of  any  such  housing  accommodation  or  in  the
    48  furnishing of facilities or services in connection therewith.
    49    (3)  To  print  or  circulate or cause to be printed or circulated any
    50  statement, advertisement or publication, or to use any form of  applica-
    51  tion  for the purchase, rental or lease of such housing accommodation or
    52  to make any  record  or  inquiry  in  connection  with  the  prospective
    53  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    54  expresses, directly or  indirectly,  any  limitation,  specification  or
    55  discrimination  as to race, creed, color, national origin, sexual orien-

        A. 1971                             6
 
     1  tation, sex, age, disability, marital status, or familial status, or any
     2  intent to make any such limitation, specification or discrimination.

     3    The provisions of this paragraph (a) shall not apply (1) to the rental
     4  of a housing accommodation in a building which contains housing accommo-
     5  dations  for  not  more  than  two families living independently of each
     6  other, if the owner resides in one of such housing  accommodations,  (2)
     7  to the restriction of the rental of all rooms in a housing accommodation
     8  to  individuals  of the same sex or (3) to the rental of a room or rooms
     9  in a housing accommodation, if such rental is by  the  occupant  of  the
    10  housing  accommodation  or by the owner of the housing accommodation and
    11  the owner resides in such  housing  accommodation  or  (4)  solely  with
    12  respect  to  age  and  familial  status  to the restriction of the sale,
    13  rental or lease of housing accommodations exclusively to persons  sixty-
    14  two  years  of  age  or  older and the spouse of any such person, or for

    15  housing intended and operated for  occupancy  by  at  least  one  person
    16  fifty-five  years of age or older per unit. In determining whether hous-
    17  ing is intended and operated for occupancy by persons  fifty-five  years
    18  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
    19  federal Fair Housing Act of 1988, as amended, shall apply.
    20    (b)  It  shall  be  an unlawful discriminatory practice for the owner,
    21  lessee, sub-lessee, or managing agent of, or  other  person  having  the
    22  right of ownership or possession of or the right to sell, rent or lease,
    23  land or commercial space:
    24    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
    25  from any person or group of persons land or commercial space because  of
    26  the  race,  creed, color, national origin, sexual orientation, sex, age,

    27  disability, marital  status,  or  familial  status  of  such  person  or
    28  persons,  or  to represent that any housing accommodation or land is not
    29  available for inspection, sale, rental or lease when in fact  it  is  so
    30  available;
    31    (2)  To discriminate against any person because of race, creed, color,
    32  national origin,  sexual  orientation,  sex,  age,  disability,  marital
    33  status, or familial status in the terms, conditions or privileges of the
    34  sale,  rental  or  lease of any such land or commercial space; or in the
    35  furnishing of facilities or services in connection therewith;
    36    (3) To print or circulate or cause to be  printed  or  circulated  any
    37  statement,  advertisement or publication, or to use any form of applica-
    38  tion for the purchase, rental or lease of such land or commercial  space
    39  or  to  make  any  record  or inquiry in connection with the prospective

    40  purchase, rental or  lease  of  such  land  or  commercial  space  which
    41  expresses,  directly  or  indirectly,  any  limitation, specification or
    42  discrimination as to race, creed, color, national origin, sexual  orien-
    43  tation, sex, age, disability, marital status, or familial status; or any
    44  intent to make any such limitation, specification or discrimination.
    45    (4)  With  respect  to age and familial status, the provisions of this
    46  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    47  lease  of  land  or  commercial  space exclusively to persons fifty-five
    48  years of age or older and the spouse of  any  such  person,  or  to  the
    49  restriction  of  the  sale,  rental  or lease of land to be used for the
    50  construction, or location  of  housing  accommodations  exclusively  for
    51  persons  sixty-two  years  of age or older, or intended and operated for

    52  occupancy by at least one person fifty-five years of age  or  older  per
    53  unit.  In determining whether housing is intended and operated for occu-
    54  pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
    55  (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
    56  amended, shall apply.

        A. 1971                             7
 
     1    (c) It shall be an  unlawful  discriminatory  practice  for  any  real
     2  estate broker, real estate salesperson or employee or agent thereof:
     3    (1)  To  refuse to sell, rent or lease any housing accommodation, land
     4  or commercial space to any person or group of persons or  to  refuse  to
     5  negotiate  for  the sale, rental or lease, of any housing accommodation,
     6  land or commercial space to any person or group of  persons  because  of

     7  the  race,  creed, color, national origin, sexual orientation, sex, age,
     8  disability, marital  status,  or  familial  status  of  such  person  or
     9  persons, or to represent that any housing accommodation, land or commer-
    10  cial  space  is not available for inspection, sale, rental or lease when
    11  in fact it is so available, or otherwise to deny or withhold any housing
    12  accommodation, land or commercial space or any facilities of any housing
    13  accommodation, land or commercial space from  any  person  or  group  of
    14  persons  because  of  the  race,  creed,  color, national origin, sexual
    15  orientation, sex, age, disability, marital status, or familial status of
    16  such person or persons.
    17    (2) To print or circulate or cause to be  printed  or  circulated  any
    18  statement,  advertisement or publication, or to use any form of applica-

    19  tion for the purchase, rental or lease  of  any  housing  accommodation,
    20  land  or commercial space or to make any record or inquiry in connection
    21  with the prospective purchase, rental or lease of any  housing  accommo-
    22  dation,  land or commercial space which expresses, directly or indirect-
    23  ly, any limitation, specification, or discrimination as to race,  creed,
    24  color,  national origin, sexual orientation, sex, age, disability, mari-
    25  tal status, or familial status; or any intent to make any  such  limita-
    26  tion, specification or discrimination.
    27    (3)  With  respect  to age and familial status, the provisions of this
    28  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    29  lease  of any land or commercial space exclusively to persons fifty-five
    30  years of age or older and the spouse of  any  such  person,  or  to  the

    31  restriction of the sale, rental or lease of any housing accommodation or
    32  land  to  be  used  for the construction or location of housing accommo-
    33  dations for persons sixty-two years of age or  older,  or  intended  and
    34  operated for occupancy by at least one person fifty-five years of age or
    35  older  per unit. In determining whether housing is intended and operated
    36  for occupancy by persons fifty-five years of age or older, Sec.  807 (b)
    37  (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act  of
    38  1988, as amended, shall apply.
    39    (d)  It  shall  be  an  unlawful  discriminatory practice for any real
    40  estate board, because of the race, creed, color, national origin, sexual
    41  orientation, age, sex, disability, marital status, or familial status of
    42  any individual who is otherwise qualified for membership, to exclude  or

    43  expel  such  individual from membership, or to discriminate against such
    44  individual in the terms, conditions and privileges of membership in such
    45  board.
    46    (e) It shall be an unlawful discriminatory  practice  for  the  owner,
    47  proprietor  or  managing  agent  of, or other person having the right to
    48  provide care and services in, a private proprietary nursing home, conva-
    49  lescent home, or home for adults, or an intermediate care  facility,  as
    50  defined   in   section  two  of  the  social  services  law,  heretofore
    51  constructed, or to be constructed, or any agent or employee thereof,  to
    52  refuse  to  provide  services  and  care in such home or facility to any
    53  individual or to discriminate  against  any  individual  in  the  terms,
    54  conditions, and privileges of such services and care solely because such
    55  individual  is  a blind person. For purposes of this paragraph, a "blind

    56  person" shall mean a person who is registered as a blind person with the

        A. 1971                             8
 
     1  commission for the visually handicapped and who meets the definition  of
     2  a  "blind  person"  pursuant  to  section  three of chapter four hundred
     3  fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
     4  establish a state commission for improving the condition of the blind of
     5  the state of New York, and making an appropriation therefor".
     6    (f)  The  provisions of this subdivision, as they relate to age, shall
     7  not apply to persons under the age of eighteen years.
     8    § 12. Paragraph (a) of subdivision 9 of section 296 of  the  executive
     9  law,  as  amended by chapter 166 of the laws of 2000, is amended to read
    10  as follows:
    11    (a) It shall be an  unlawful  discriminatory  practice  for  any  fire

    12  department or fire company therein, through any member or members there-
    13  of, officers, board of fire commissioners or other body or office having
    14  power  of appointment of volunteer firefighters, directly or indirectly,
    15  by ritualistic practice, constitutional or by-law prescription, by tacit
    16  agreement among its members, or otherwise, to  deny  to  any  individual
    17  membership  in any volunteer fire department or fire company therein, or
    18  to expel or discriminate against any volunteer member of a fire  depart-
    19  ment  or  fire  company  therein,  because  of  the  race, creed, color,
    20  national origin, sexual orientation, sex or marital status of such indi-
    21  vidual.
    22    § 13. Subdivision 13 of section 296 of the executive law, as added  by
    23  chapter 662 of the laws of 1975, is amended to read as follows:
    24    13. It shall be an unlawful discriminatory practice (i) for any person

    25  to discriminate against, boycott or blacklist, or to refuse to buy from,
    26  sell  to  or  trade with, any person, because of the race, creed, color,
    27  national origin, sexual orientation or sex of such person,  or  of  such
    28  person's partners, members, stockholders, directors, officers, managers,
    29  superintendents,  agents,  employees,  business associates, suppliers or
    30  customers, or (ii) for any person wilfully to do any act or refrain from
    31  doing any act which enables any such person to take  such  action.  This
    32  subdivision shall not apply to:
    33    (a) Boycotts connected with labor disputes; or
    34    (b) Boycotts to protest unlawful discriminatory practices.
    35    §  14.  Subdivisions  1  and  2 of section 296-a of the executive law,
    36  subdivision 1 as amended by chapter 168 of the laws of 1977,  paragraphs
    37  a,  b, c, d and e of subdivision 1 as amended by chapter 166 of the laws

    38  of 2000, paragraph f of subdivision 1 as added by  chapter  114  of  the
    39  laws  of  1987  and  subdivision 2 as amended by section 10 of part D of
    40  chapter 405 of the laws of 1999, are amended to read as follows:
    41    1. It shall be an unlawful discriminatory practice for any creditor or
    42  any officer, agent or employee thereof:
    43    a. In the  case  of  applications  for  credit  with  respect  to  the
    44  purchase,  acquisition,  construction, rehabilitation, repair or mainte-
    45  nance of any housing accommodation, land or commercial space to discrim-
    46  inate against any such applicant because  of  the  race,  creed,  color,
    47  national origin, sexual orientation, age, sex, marital status, disabili-
    48  ty,  or  familial  status of such applicant or applicants or any member,
    49  stockholder, director, officer or employee of such applicant  or  appli-

    50  cants, or of the prospective occupants or tenants of such housing accom-
    51  modation,  land  or  commercial  space,  in  the  granting, withholding,
    52  extending or renewing, or in the fixing of the rates,  terms  or  condi-
    53  tions of, any such credit;
    54    b.  To  discriminate in the granting, withholding, extending or renew-
    55  ing, or in the fixing of the rates, terms or conditions of, any form  of

        A. 1971                             9
 
     1  credit,  on  the  basis  of  race, creed, color, national origin, sexual
     2  orientation, age, sex, marital status, disability, or familial status;
     3    c. To use any form of application for credit or use or make any record
     4  or  inquiry  which  expresses,  directly  or indirectly, any limitation,
     5  specification, or discrimination as  to  race,  creed,  color,  national

     6  origin,  sexual  orientation,  age,  sex, marital status, disability, or
     7  familial status;
     8    d. To make any inquiry of an applicant concerning his or her  capacity
     9  to reproduce, or his or her use or advocacy of any form of birth control
    10  or family planning;
    11    e.  To  refuse  to  consider  sources  of  an applicant's income or to
    12  subject an applicant's income to  discounting,  in  whole  or  in  part,
    13  because  of  an  applicant's race, creed, color, national origin, sexual
    14  orientation, age, sex, marital status, childbearing potential, disabili-
    15  ty, or familial status;
    16    f. To discriminate  against  a  married  person  because  such  person
    17  neither uses nor is known by the surname of his or her spouse.
    18    This  paragraph  shall  not  apply to any situation where the use of a
    19  surname would constitute or result in a criminal act.

    20    2. Without limiting the generality of subdivision  one,  it  shall  be
    21  considered  discriminatory  if,  because  of  an applicant's or class of
    22  applicants' race, creed, color,  national  origin,  sexual  orientation,
    23  age,  sex,  marital  status  or  disability,  or familial status, (i) an
    24  applicant or class of applicants is denied credit in circumstances where
    25  other applicants of like overall credit worthiness are  granted  credit,
    26  or  (ii)  special requirements or conditions, such as requiring co-obli-
    27  gors or reapplication upon marriage, are imposed upon  an  applicant  or
    28  class  of  applicants  in  circumstances  where  similar requirements or
    29  conditions are not imposed upon other applicants of like overall  credit
    30  worthiness.
    31    §  15. Section 40-c of the civil rights law, as amended by chapter 720
    32  of the laws of 1982, is amended to read as follows:

    33    § 40-c. Discrimination. 1. All persons within the jurisdiction of this
    34  state shall be entitled to the equal protection  of  the  laws  of  this
    35  state or any subdivision thereof.
    36    2.  No  person  shall, because of race, creed, color, national origin,
    37  sex, marital status, sexual orientation or disability, as such  term  is
    38  defined  in  section  two  hundred  ninety-two  of the executive law, be
    39  subjected to any discrimination in his or her civil rights,  or  to  any
    40  harassment,  as defined in section 240.25 of the penal law, in the exer-
    41  cise thereof, by any other person or by any firm, corporation or  insti-
    42  tution, or by the state or any agency or subdivision of the state.
    43    §  16.  Paragraph (a) of subdivision 1 of section 313 of the education
    44  law, as amended by chapter 467 of the laws of 1991, is amended  to  read
    45  as follows:

    46    (a) It is hereby declared to be the policy of the state that the Amer-
    47  ican  ideal of equality of opportunity requires that students, otherwise
    48  qualified, be admitted to educational institutions and be  given  access
    49  to all the educational programs and courses operated or provided by such
    50  institutions  without regard to race, color, sex, religion, creed, mari-
    51  tal status, age, sexual orientation as defined in  section  two  hundred
    52  ninety-two  of  the  executive law or national origin, except that, with
    53  regard  to  religious  or   denominational   educational   institutions,
    54  students,  otherwise  qualified,  shall  have  the  equal opportunity to
    55  attend therein without discrimination because of race, color, sex, mari-
    56  tal status, age, sexual orientation as defined in  section  two  hundred


        A. 1971                            10
 
     1  ninety-two  of the executive law or national origin. It is a fundamental
     2  American right for members of various religious faiths to establish  and
     3  maintain  educational institutions exclusively or primarily for students
     4  of  their  own religious faith or to effectuate the religious principles
     5  in furtherance of which they are maintained.  Nothing  herein  contained
     6  shall impair or abridge that right.
     7    §  17.  Subdivision 3 of section 313 of the education law, as added by
     8  chapter 753 of the laws of 1948, paragraphs (a) and (e)  as  amended  by
     9  chapter  537  of the laws of 1987, paragraph (c) as added by chapter 356
    10  of the laws of 1953, paragraph (d) as added and paragraph (e) as  relet-
    11  tered by chapter 467 of the laws of 1991, is amended to read as follows:

    12    (3)  Unfair  educational  practices. It shall be an unfair educational
    13  practice for an educational institution after September fifteenth, nine-
    14  teen hundred forty-eight:
    15    (a) To exclude or limit or otherwise discriminate against  any  person
    16  or  persons  seeking admission as students to such institution or to any
    17  educational program or course operated or provided by  such  institution
    18  because of race, religion, creed, sex, color, marital status, age, sexu-
    19  al orientation as defined in section two hundred ninety-two of the exec-
    20  utive  law or national origin; except that nothing in this section shall
    21  be deemed to affect, in any way, the right of a religious  or  denomina-
    22  tional  educational  institution  to  select its students exclusively or
    23  primarily from members of such religion or denomination or  from  giving

    24  preference  in  such selection to such members or to make such selection
    25  of its students as is calculated by  such  institution  to  promote  the
    26  religious  principles for which it is established or maintained. Nothing
    27  herein contained shall impair or abridge the  right  of  an  independent
    28  institution,  which  establishes  or  maintains  a  policy  of educating
    29  persons of one sex exclusively, to admit students of only one sex.
    30    (b) To penalize any individual because he or she has initiated, testi-
    31  fied, participated or assisted in any proceedings under this section.
    32    (c) To accept any endowment or gift of money or  property  conditioned
    33  upon teaching the doctrine of supremacy of any particular race.
    34    (d)  With  respect  to any individual who withdraws from attendance to
    35  serve on active duty in the armed forces of the United States in time of

    36  war, including any individual who withdrew from attendance on  or  after
    37  August  second,  nineteen  hundred ninety to serve on active duty in the
    38  armed forces of the United States in the Persian Gulf conflict:  (i)  to
    39  deny  or limit the readmission of such individual to such institution or
    40  to any educational program or course operated or provided by such insti-
    41  tution because of such withdrawal from  attendance  or  because  of  the
    42  failure  to complete any educational program or course due to such with-
    43  drawal; (ii) to impose any academic penalty on such  person  because  of
    44  such  withdrawal  or  because of the failure to complete any educational
    45  program or course due to such withdrawal; (iii) to reduce  or  eliminate
    46  any  financial  aid  award granted to such individual which could not be
    47  used, in whole or part, because of such withdrawal  or  because  of  the

    48  failure  to complete any educational program or course due to such with-
    49  drawal; or (iv) to fail to provide a credit or  refund  of  tuition  and
    50  fees  paid  by  such  individual  for  any semester, term or quarter not
    51  completed because of such  withdrawal  or  because  of  the  failure  to
    52  complete any program or course due to such withdrawal.
    53    (e) It shall not be an unfair educational practice for any educational
    54  institution  to  use  criteria  other  than  race, religion, creed, sex,
    55  color, marital status, age, sexual orientation as defined in section two
    56  hundred ninety-two of the executive law or national origin in the admis-

        A. 1971                            11
 
     1  sion of students to such  institution  or  to  any  of  the  educational
     2  programs and courses operated or provided by such institution.

     3    §  18.  This act shall take effect on the thirtieth day after it shall
     4  have become a law.
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